2010 (4) TMI 952

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..... DER Heard both sides on the miscellaneous application filed by the Revenue for recall of Final Order No. 1267/09, dated 11-9-2009. 2. Vide the final order cited supra, the demand of Rs. 3,63,467/- representing reversal of 50% of the credit taken by the assessee in the second year, together with interest was set aside on the ground that there was no simultaneous availment by the assessee of 50% C .....

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..... credit was deducted from the capital goods in the next financial year i.e., in the year in which balance 50% of credit was availed. They had availed only 50% of the Cenvat credit on those capital goods and deducted the same from the value of the capital goods for depreciation purpose and deducted balance 50% from the value in the next year i.e., in the year in which they claimed credit. Therefore .....

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